First Version, December 2006
Version 2, July 15 2007
Version 3, July 23 2008
Version 4, November 17 2008
The terms and conditions set forth by this agreement is a legally binding agreement (“Agreement”) between you, a single entity representing yourself or a single entity with authorization to represent an organization (the “Customer”) and Peachy Dandy Networks (“Peachy Dandy”). By communicating with us, purchasing or using our services, you agree to be bound by the terms of this Agreement. You also agree that you have read, understood and agreed to be bound by the Agreement. Both parties agree that they have the legal ability to enter into this Agreement.
This Agreement is designed to set allowances, restrictions, terms and conditions that the Customer agrees to follow in order to use Peachy Dandy services.
Fraud is not accepted or tolerated and an entity committing fraud will be prosecuted to the fullest extend of the law. Accounts that have committed fraud or that have proof that fraud has been committed. Peachy Dandy will comply with the law and any third party who has shown reasonable proof fraud has been committed against.
1. Any entity that has committed fraud will have their account suspended or terminated.
2. Any Customer receiving 7.5 out of 10 by MaxMind fraud detection service may have their account suspended and the money back guarantee voided.
Peachy Dandy will provide Internet services that the Customer has purchased and has fully paid for. Services features have been listed on that service’s page and Peachy Dandy is under no obligation to provide more then what the service page states. The Customer agrees to this Agreement in order to use the service. Peachy Dandy reserves the right to terminate or suspend any account for any violation of this Agreement or any purpose without the notice or permission of the Customer.
The start of the service will start on the date the Customer has fully paid for the service (the “Initial Date”) and shall continue for the number of days, weeks, months or years as stated in the order (the “End Date”). Once the End Date has been reached Peachy Dandy will suspend the service the Customer has purchased for 7 days. During these 7 days the Customer will be given grace to pay to continue the use of the service. If the Customer fails to pay to renew the service within 7 days, Peachy Dandy will terminate the account and service of the Customer.
Services may take up to 48 hours to setup after a manual check of fraud and of payment made for the service made by the Customer to protect Peachy Dandy against fraud.
The Customer must open a billing department ticket using Peachy Dandy’s client account center. If the Customer is unaware of the location of the account center, it is up to the Customer to ask Peachy Dandy the location.
By cancelling PayPal’s subscription or payment or by not paying invoices sent by Peachy Dandy, does not stop services. Customer agrees that their service shall remain suspended and any outstanding fees must be paid before account can be close or cancelled.
All shared hosting comes with a conditional 45 day money back guarantee, and VPS comes with a conditional 45 day money back guarantee. Customer acknowledges and agrees that all hosting money back guarantee is conditional. Conditional shall mean:
Peachy Dandy does not provide service it states it will provide in this Agreement, such as 99.5% or lower uptime. Conditions are of Peachy Dandy choosing.
Customer agrees that this conditional money back guarantee must be granted by Peachy Dandy. That Peachy Dandy reserves the right not to give refunds even if Peachy Dandy does not provide service as stated in the above conditional guarantee.
If refunds are granted, Peachy Dandy may take 3.9% + $.0.50 USD of the fees paid, with a minimum of $2.50 by the Customer for the service as payment and processing fee.
Peachy Dandy is under no obligation to give any refunds submitted by the Customer and will not give refunds to accounts that have not been paid in full, suspended, terminated or in violation of this Agreement.
Any setup fees, add-on fees or one time fees are non refundable.
Customer agrees to the following in order to qualify for refund:
3. Refunds must be requested within 24 hours of service cancellation or the Customer agrees the refund will be void.
4. Full payment of all fees that the service has listed must be paid in full prior to the beginning of the service. Fees not paid in full will have their account suspended for 7 days and terminated after 8 days.
5. Setup and one time fees must be paid prior to the beginning of the service and must be paid in the initial payment, if the payment is recurring. Refunds of these payments are outlined in Refunds Policy section of this agreement.
6. All fees and prices are listed in US dollars, but can be paid in other currencies as allowed by Pay Pal, www.paypal.com.
7. If paying by a different currency, the amount of the currency must equal the amount listed by the service in US dollars.
8. All payments made are processed by Pay Pal, and you agree to be bound by any or all of their Agreements.
9. Late payments; any late payments made after service payments are due, will be charged $10 reactivation to remove the service from suspension and shall bear interest at the rate of 1.5% per month until paid in full .
10. The Customer will pay $250 flat fee plus $1 per spam e-mail.
11. The Customer will pay $250 flat fee per spam script, if the script is not for spamming e-mails but for other spam purposes. Plus $1 per spam if Peachy Dandy can find or prove such spam.
12. The Customer will pay $90 per hour for maintenance, repairs, cleanups or fixes that Peachy Dandy has to do due to the Customer errors, responsibility, actions or results (including content for which a account has been suspended or terminated for violation of this Agreement; such as pornography).
12a. Provision 13 will be billed in blocks of 30 minutes.
12b. Charges and fees can come from investigation of violations of provision 15 will be included.
13. The Customer agrees to pay any additional, extra or imposed fees due to the Customer’s actions, violations of this agreement, or fees or charges Peachy Dandy’s incurs because of the Customer’s actions, violations of this agreement, or otherwise.
14. The Customer agrees to pay any fees or charges Peachy Dandy’s incurs from third parties due to the actions, results or responsibility of the Customer.
15. Any payments incurred that are the result of the Customer must be paid in order to continue use of the service. Service will remain suspended or terminated until fees or charges are paid. The Customer acknowledges these fees must be paid, even if the Customer discontinues or refuses to use Peachy Dandy’s services. Collections may be initiated or legal actions may result if Customer refuses to pay any fees or charges.
All services provided by Peachy Dandy may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Peachy Dandy from any claims resulting from the use of the service which damages the subscriber or any other party.
Examples of Non-Acceptable Contents or Links
Pirated software
Hacking programs or archives
Warez Sites
Illegal MP3 or related audio files
Spamming Software
Vip Poster
High Yeald Investment Program (HYIP) sites
Proxys (including links to proxy websites)
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $100.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Peachy Dandy WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
16. All services provided must be lawful or the service may be terminated without notice or refunds.
17. All services must contain legal content or the service may be terminated without notice or refunds.
18. You may not use our service for spam, promoting illegal activities, illegal products or services, or anything that is unmoral, unethical or illegal by the laws of Canada and the laws of United States.
19. Services may not be used to host illegal or pirated material, hacking programs or archives, warez sites, proxies or any scripts or software that maybe harmful to the service, equipment of Peachy Dandy or any Customer of Peachy Dandy or the public in general.
20. Peachy Dandy reserves the right to suspend or terminate any service it deems fit or any service that is in violation of this Agreement.
21. Will not upload gruesome images, images of death or abuse, and similarly offensive images are prohibited. This includes, but is not limited to, abusive, offensive and illegal under the law of Canada or United States, child pornography files, files depicting genitalia, nudity, or sexual situations. Peachy Dandy reserves the right to decide appropriate content, and will delete images or entire folders at any time without prior notice. Peachy Dandy will cooperate with all legal authorities if an investigation should arise concerning material users have uploaded. Links to such content are also forbidden.
22. You may not; Have files that infringe on the copyrights or any marks of any entity excluding the user.
23. You may not; Have files intending to harass or spam, or promote anything for commercial profit.
24. You may not; Have files that could gain entrance into any equipment or assets of Peachy Dandy or any entity besides the Customer.
25. Peachy Dandy is not liable for your images, files or any loss due to the temporary unavailability or permanent closure of the website.
26. The Customer is responsible for uploading files the Customer wishes. The Customer is responsible for making files private that the Customer doesn\'t want to be accessible by the public. The Peachy Dandy isn\'t responsible if said file is accessed by the public the Customer doesn\'t want made public.
27. The Peachy Dandy isn\'t responsible, abuse or liable for anyone hot linking or linking to files of the Customer that causes loss or damage of any kind.
28. Any content or files Peachy Dandy deems fit.
29. The Customer agrees to take full responsibility for actions of third parties in regards to the services and accounts provided by Peachy Dandy. Including the suspension or termination of Services and fees occurred by third parties.
Peachy Dandy will report any content that is illegal and / or against the law to the proper authorities and fully comply with such authorities.
Peachy Dandy disallows background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically above. Scripts that are commonly known for causing server disruption include large cgi-based message forums, chat programs, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Peachy Dandy reserves the right to disable the account pending client cooperation and resolution.
Violation of indecency and obscenity laws can result in criminal penalties.
Material accessible to you through Peachy Dandy \'s Services may be subject to protection under the United States of America (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Peachy Dandy Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Peachy Dandy Network. If you use a domain name in connection with the Peachy Dandy Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Such proven infringements will have their accounts suspended and if Peachy Dandy registers such domain, Peachy Dandy will take possession of such domain.
Peachy Dandy will comply with any legal orders provides by legal authorities or authorities of the third parties. This includes but not limited to Customer information and data gathering.
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Peachy Dandy reserves the right at its sole discretion to refuse or cancel service. Violation of any of Peachy Dandy\'s Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers are released to the customer at the end of there hosting period, with $10 release fee. Domains terminated due to policy violations will not be released to the customer.
Peachy Dandy has the right to suspend or terminate any account for as long as Peachy Dandy wants or deems fit.
You must not use the Peachy Dandy Network, Peachy Dandy equipment or any Peachy Dandy email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Peachy Dandy Network, Peachy Dandy equipment or any Peachy Dandy email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one\'s email address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, Peachy Dandy reserves the right to disable your domain without warning. In addition, Peachy Dandy may impose a $150 penalty for each spam policy violation. Peachy Dandy solely reserves the right to refuse or cancel service to known spammers. Lastly, Peachy Dandy reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Any attempts to undermine, slander, libel, threaten, or cause harm to a Peachy Dandy server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
Abuse complaints about Peachy Dandy’s Customers may be done so by e-mailing us at abuse @ PeachyDandy.com
When Free Domain Offers are being promoted or ran, the Customer must use the valid promo code.
The terms & conditions for our free domain name offer are plain and simple. We will register the domain name for 1 year on your behalf (Only available for New Customers during sign up). All we ask is that you stay hosting with us for a minimum of 3 months. If you stay for 3 months or longer and then decide to leave you are free to take the domain at no charge. If you do not stay for 3 months you will be required to pay the full price of the domain name plus $10 before your account can be cancelled.
Seo ip limit - Accounts can only use the allotted amount of ip\'s that come with a package to use toward seo. If your package does not come with an ip you will be allowed only 1 ip address for seo. Ip\'s used for SSL\'s and valid uses will never been turned down. If found frauding ip\'s for seo past these limits the account(s) will be up for suspension and or termination.
Ip class\'s – Peachy Dandy can not promise that we will be able to provide different ip classes on a single server. If we so happen to get more then one class this can be done. This all depends on what is available from our datacenter.
Due to a shortage of IP addresses around the world each dedicated IP must be requested via the billing department ticket, located in Customer’s account maanger and will only be given if the requester has a complete and valid reason.
The use of the any unlimited disk space or bandwidth package is subject to the following terms:
4. Accounts are limited to 50,000 inodes and files.
5. 50% of inodes and files can not be greater than 1 MB in file.
6. 50% of space may not be generated by a script or application.
Customer agrees that Peachy Dandy may suspend their service if they violate the above provisions of Unlimited Hosting Terms or using an unreasonable amount of space or bandwidth that may or may not cause financial or technical hardship.
25% cpu and or memory for 3 minutes.
Combined 5% CPU & RAM over 24 hours.
250 email limit per domain per hour.
50 concurrent database connections at one time.
Apache threads to be open no longer then 999 seconds.
Php upload limit of 15 megs.
Max php session time of 300 seconds or less.
Limits are subject to change at anytime.
Domain names are bound by the terms and conditions of DirectI and ICANN and $10 fee applies to move, transfer or release a domain to another Registrar or reseller.
The Customer is allowed to use custom name servers by using Peachy Dandy\'s name servers IP addresses. Peachy Dandy is not responsible for any loses, unavailability or damages as a result of Customer using third party DNS service.
The Customer agrees and acknowledges that all information provided by the Customer is correct and Peachy Dandy reserves the right to suspend or terminate any Customer with incorrect or false information. Peachy Dandy may try to contact the Customer. The Customer agrees to respond to Peachy Dandy within 72 hours or 3 week days or the Customer account may be suspended or terminated. If the Customer account contains false information, the Customer agrees to pay $10 fee for providing such false information. If the Customer wants their account files or their account unsuspended, there will be an additional $10 fee.
Customer acknowledges that he or she will make their own backup and the Customer agrees that Peachy Dandy is not liable for any losses, damages or responsibility for any data that may have been lost or the inability of Peachy Dandy to restore any service.
Peachy Dandy shall not be liable for damages or losses incurred by of service limitations, limitations imposed by Peachy Dandy’s service providers or anything that will limit the use of your service.
Peachy Dandy may grant service credits if such service is not available for at least 99.9% of the time per month, but is under no obligation to do so.
Peachy Dandy may contact the Customer for violations of this Agreement or if the Customer is required or cautioned not to do something. Failure to account may result in your account being suspended or terminated.
Accounts may be suspended or terminated without notice at any time during the term of the service. These accounts will not receive any refunds or credits.
Peachy Dandy will not be responsible for any damages your business may suffer. Peachy Dandy makes no warranties of any kind, expressed or implied for services we provide. Peachy Dandy disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Peachy Dandy and its employees.
Peachy Dandy keeps daily backups of their servers. Peachy Dandy can accept no responsibility for any loss of data or consequences arising from this. Peachy Dandy always advises clients to back up their site data regularly for its own protection.
Finally, Peachy Dandy wishes to emphasize that in accepting services, customers indemnify Peachy Dandy for the violation of any law or Peachy Dandy policy, that results in loss to Peachy Dandy or the bringing of any claim against Peachy Dandy. This means that if Peachy Dandy is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Peachy Dandy, plus costs and reasonable legal fees.
Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.
Peachy Dandy reserves the right to change, edit, or update the policies contained in this document, along with the content on our website at any time for any reason without notice.
Peachy Dandy shall not be liable for damages or losses that have arisen due to the service of Peachy Dandy. The Customer also agrees that the service is offered "AS-IS" basis and comes with no warranties. Peachy Dandy expressly disclaims all warranties of any kind, whether express or implied, including but not limited to merchantability, fitness for a particular purpose and non-infringement. You assume all risk associated with the quality, performance, and use of the service, including but not limited to risk of service errors, damage to equipment, loss of files and data, or unavailability or interruption of service and operations. You are solely responsible for determining the appropriateness or the service and assume all risks associated with its use.
You agree to indemnify and otherwise hold harmless Peachy Dandy, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the service or any other matter relating to the service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Peachy Dandy SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE GRANTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL Peachy Dandy \'S TOTAL CUMULATIVE DAMAGES EXCEED 15.00 USD.
If any of the provisions of this agreement are invalid, such provisions shall be considered separate and severable and the remaining provisions shall remain in full force and effect.
This agreement supersedes and invalidates all other commitments, representations and warranties relating to the subject matter hereof which may have been made by the parties either orally or in writing prior to the date hereof, and all of which shall become null and void from the date this Agreement is agreed upon.
This agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein.
Peachy Dandy reserves the right to pick in which terroritial jurisdiction legal disputes will be handled; initiated by either party.
It is agreed between both parties that neither party shall be held responsible for the damages caused by delay or failure to perform terms of this agreement when the delay or failure is due to fires, strikes, floods, acts of God or the Queen\'s enemies, lawful acts of public authorities, or delays or defaults caused by common carriers, which cannot reasonably be foreseen or provided against.
In the event of a legal dispute or legal action, the Customer will be responsible for all legal expenses incurred, even if it’s the Customer who is pursuing the legal action or dispute.
The Customer will pay for any fees or charge incurred because of Peachy Dandy’s attempt to collect fees or charges that the Customer has not paid for or fees or charges that are remaining.
You agree you won’t share any message, communication or otherwise made by Peachy Dandy to a third party. Such violations will result in a fee of $5000 per location of such posted communication. Additional fees may be charges due to damages or losses for said communications or reviews. All negative reviews must be emailed to Peachy Dandy before posting or penalty fees of $500 plus any additional damages and or losses.
The Peachy Dandy reserves the right to modify this agreement at any time, and without prior notice to the Customer.